There are instances when an individual may undergo an event wherein he or she will suffer fear, anxiety, grief, or some other psychological distress as a direct consequence. Thus, the psychological distress suffered is referred to as mental anguish in law. In order to establish mental anguish in law, it is necessary that the mental anguish is a direct consequence of an event, usually traumatic in nature that was directly experienced by an individual.

Most individuals who have been subject to mental anguish attempt to gain damages by filing a claim of suffering such psychological distress against whoever was the cause. In order to win damages or some form of restitution, the individual must prove that he or she suffered mental anguish by providing the court of law with documentation. These documents may be in the form of psychological evaluation or witness testimony to prove that the mental anguish suffered was directly caused by the actions or behavior of the defendant.

Mental anguish can appear as different forms. Being threatened, having to watch torture or other acts of depravity, public humiliation, or any other event that may lead to the individual having post-traumatic stress disorder can be considered as mental anguish. Those who file a lawsuit and continue to proceed into civil litigation do so in the hopes of winning award or damages. The extent to which damages will be given is dependent on the severity of the mental anguish experienced, the nature of the civil offense or crime, the evidence presented, and other relevant facts.